South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 15

15—Self defence

        (1)         It is a defence to a charge of an offence if—

            (a)         the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable for a defensive purpose; and

            (b)         the conduct was, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist ¹ .

        (2)         It is a partial defence to a charge of murder (reducing the offence to manslaughter) if—

            (a)         the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable for a defensive purpose; but

            (b)         the conduct was not, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist. ²

        (3)         For the purposes of this section, a person acts for a "defensive purpose if the person acts—

            (a)         in self defence or in defence of another; or

            (b)         to prevent or terminate the unlawful imprisonment of himself, herself or another.

        (4)         However, if a person—

            (a)         resists another who is purporting to exercise a power of arrest or some other power of law enforcement; or

            (b)         resists another who is acting in response to an unlawful act against person or property committed by the person or to which the person is a party,

the person will not be taken to be acting for a defensive purpose unless the person genuinely believes, on reasonable grounds, that the other person is acting unlawfully.

        (5)         If a defendant raises a defence under this section, the defence is taken to have been established unless the prosecution disproves the defence beyond reasonable doubt.

Notes—

1         See, however, section 15C. If the defendant establishes that he or she is entitled to the benefit of that section, this paragraph will be inapplicable.

2         See, however, section 15C. If the defendant establishes that he or she is entitled to the benefit of that section, the defendant will be entitled to a complete defence.